REPUBLIC OF KENYA REPORT OF THE COMMITTEE ON APPOINTMENTS ON

Transcription

1 REPUBLIC OF KENYA COUNTY ASSEMBLY OF LAIKIPIA SECOND ASSEMBLY FIRST SESSION REPORT OF THE COMMITTEE ON APPOINTMENTS ON THE VETTING OF MR.BONIFACE MURUNGI NDAI THE COUNTY EXECUTIVE COMMITTEE MEMBER NOMINEE FINANCE, PLANNING AND COUNTY DEVELOPMENT 16 TH OCTOBER,

2 TABLE OF CONTENTS 1.0 PREFACE Committee s Mandate Committee Membership Committee meetings Acknowledgement BACKGROUND Establishment of the Committee on Appointments Appointment Process of the Executive Committee Members The County Executive Committee nominee for Finance, Planning and County Development Boniface Murungi Ndai was among the persons nominated for appointment after County Assembly approval Notification to the Public Submission of the Memoranda VETTING OF THE COUNTY EXECUTIVE COMMITTEE MEMBER FOR FINANCE, PLANNING AND COUNTY DEVELOPMENT COMMITTEE OBSERVATIONS COMMITTEE S RECOMMENDATION ADOPTION OF THE REPORT OF THE APPOINTMENT COMMITTEE ON THE VETTING OF MR. BONIFACE MURUNGI NDAI, NOMINEE FOR APPOINTMENT AS THE COUNTY EXECUTIVE COMMITTE FOR FINANCE, PLANNING AND COUNTY DEVELOPMENT APPENDICES i. Public Notification ii. Questionnaire 2

3 1.0 PREFACE On behalf of the members of the committee on Appointments and pursuant to the provisions of the standing Order 184(4), it is my pleasure and duty to present to the house, the committee on Appointments report on vetting of Mr. Boniface murungi ndai, county Executive member for finance, planning and county development 1.1 Committee s Mandate Pursuant to the provisions of standing order No. 184 (4) the Committee on Appointments shall consider for approval by the Assembly, appointments under articles, 179 (2) of the Constitution Members of County Executive Committees 1.2 Committee Membership The Committee established under the Standing Order No. 184 (1) to be designated the Committee on Appointments, consisting of the Speaker as the Chairperson, the leader of the Majority Party and the leader of the Minority party and not more than three other members nominated by the House Business Committee, on the basis of proportional party Membership in the Assembly taking into consideration the numerical strength of the parties and interests of Independent members. The Committee on Appointment was constituted by the House on 28 th September, 2017 comprising of the following members:- 1. Hon. Patrick Waigwa - Chairman 2. Hon. Peter Thomi - Member 3. Hon. Judy Lukio - Member 4. Hon. Jacob Edom - Member 5. Hon. Patricia Muthoni - Member 6. Hon. Joseph Suge - Member 1.3 Committee meetings The Committee held two Sittings; one to prepare for the vetting and a second meeting in which the nominee appeared and was vetted in accordance with the Public Appointments 3

4 (County Assemblies Approval) Act, 2017 for appointment to the position of County Executive Committee Member for Agriculture, Livestock and Fisheries department. 1.4 Acknowledgement I take this opportunity to thank all Members of the Committee for their input and valuable contributions during the deliberations and vetting exercise. The Committee also takes this opportunity to thank the Offices of the Speaker and the Clerk of the County Assembly for the logistical support accorded to it during the vetting exercise. On behalf of the Committee on Appointments and pursuant to Article 179(2b) of the Constitution, Section 9(1) of the Public Appointments (County Assemblies Approval) Act, 2017, and the provisions of Standing Order 184, it is my pleasure and duty to present to the House, the Committee s report on the vetting of Boniface Murungi Ndai, nominee for appointment to the position of County Executive Committee Member for Finance planning and County Development. Thank you. 4

5 2.0 BACKGROUND 2.1 Establishment of the Committee on Appointments The Committee on Appointments is one of the Select committees established under Standing Order No With the mandate to consider for approval by the House, appointment of the County Executive Committee member s nominees under Article 179 (2) of the Constitution. Article 179(2) (b) of the Constitution together with Section 35(2) of the County Government Acts, 2012 requires H.E. the Governor to nominate and with the approval of the County Assembly, appoint County Executive Committee Members. Section 10 of the Public Appointments (County Assemblies Approval) Act, 2017 provides that, where the nomination of a candidate is rejected by the Assembly, the appointing authority may submit to the relevant House the name of another candidate, and the procedure for approval specified in this Act shall apply accordingly. Section 4 of the Public Appointments (County Assemblies Approval) Act, 2017 stipulates that an appointment under the Constitution or any other law for which the approval of a County Assembly is required shall not be made unless the appointment is approved by the relevant County Assembly in accordance with this Act. 2.2 Appointment Process of the Executive Committee Members. i. Pursuant to Article 179 (2) (b) of the Constitution and section 35 of the County Government Act 2012, H.E. the Governor, forwarded to the Clerk of the County Assembly, the name of the nominee vide a letter Reference Number GVN/LC/CEC/2 dated 25 th September, 2017 for approval by the County Assembly for appointment as the County Executive Committee member. ii. On 27 th September 2017, the Hon. Speaker through a communication, informed the House that the Clerk of the County Assembly, had received the names of the 5

6 nominee and directed that the name and Curriculum Vitae of the said nominee be referred to the Committee on Appointments for vetting and reporting to the House. The County Executive Committee nominee for Finance, Planning and County Development Boniface Murungi Ndai was among the persons nominated for appointment after County Assembly approval. 2.3 Notification to the Public Section 6(2) of the Public Appointments (County Assemblies Approval) Act, 2017 provides that An appointing authority shall, in issuing a notice under subsection (1), notify the members of the public on the proposed nomination through such media and platforms established under section 91 of the County Governments Act as it considers appropriate. On Thursday 27 th September,2017, the Clerk of the County Assembly placed an advertisement in the print media inviting the public to submit memoranda by way of written statement on oath (sworn affidavit) on the suitability or otherwise of the nominee in conformity with Section 6(2) of the Public Appointments (County Assemblies Approval) Act The submissions were to be received latest by Thursday 3rd October, Pursuant to provisions of Article 196 of the Constitution, Section 6(4) of the Public Appointments (County Assemblies Approval) Act 2017 and Standing Order 46(3), the general public was also notified in the print media by the Clerk of the County Assembly on 27 th September, 2017 of the intention of the Committee on Appointments to conduct the vetting and approval hearing of the nominee on Thursday 5 th October,

7 Pursuant to section 7(3) of the Public Appointments (County Assemblies Approval) Act, 2017 the approval hearings for Boniface Murungi Ndai was done on 5 th October, 2017 at 9:00 am at the County Assembly Boardroom. 2.4 Submission of the Memoranda Section 8 of the Public Appointments (County Assemblies Approval) Act, 2017 provides that the issues for consideration by the relevant House in relation to any nomination shall be:- a) The procedure used to arrive at the nominee; b) Any constructional or statutory requirements relating to the office in question; and c) The suitability of the nominee for appointment proposed having regard to whether the nominee s abilities, experience and qualities meet the needs of the body to which nomination is being made. Pursuant to Section 7(10) of the said Act, the Committee invited submissions from the public on the suitability or otherwise of the nominee for appointment to the position of County Executive Committee Member. The Committee did not receive any submission or memorandum on the suitability or otherwise of the nominee. 3.0 VETTING OF THE COUNTY EXECUTIVE COMMITTEE MEMBER FOR FINANCE, PLANNING AND COUNTY DEVELOPMENT. In conducting the vetting process, the committee of Appointments examined the nominee against the following criteria, amongst others, in accordance with the Constitution of Kenya, the County Governments Act and the Public Appointments (County Assemblies Approval) Act, i. Academic qualifications ii. Employment record iii. Professional affiliations 7

8 iv. Potential conflict of interest v. Knowledge of the relevant subject vi. Overall suitability for the position vii. Tax compliance viii. Integrity MR.Boniface Murungi Ndai appeared before the Committee on Thursday 5 th October, 2017 and was informed by the Chairperson that, pursuant to Section 7(10) of the Public Appointments (County Assemblies Approval) Act, 2017, the Committee invited submissions from the public on his suitability or otherwise for appointment to the position of County Executive Committee Member. However, by the deadline date of 3 rd October, 2017 the Committee had not received any submission or memorandum from the public. The nominee was then orally vetted by the Committee and responded to questions During the vetting as follows:- SELF-INTRODUCTION OF THE NOMINEE He comes from Laikipia County and a resident of Umande ward. He schooled in Nanyuki Garrison Primary in Nturukuma. He stated that he worked in various institutions. Namely Brick Woods and Baraka near Doldol before joining the banking sector. His main back ground is economist and statistic and human resource. 1. WORK EXPERIENCE a. Relevance of the nominees experience to the job of CECM finance having been in the banking sector as indicated in his curriculum Vitae. He stated that the bank structures are similar to County governments and so he could relate with the system and that he started as a low carder staff and as he went up to managerial level. He went further to explain that banks and Counties are all about integrity, allocating minimum resources while sealing leakages. The nominee stated that he would expand the sources of revenue as well as that he ensuring that the existing county projects collect maximum revenue. 8

9 b. How would the nominee ensure compliance so as to avoid penalties on behalf of the county taking into consideration that they are several compliances to be met as per the Public Finance Management Act. He stated that it is very wide especially when it comes to compliance within the government institution like the county but he would state some of them, one of them being time management in terms of submitting what you are required to submit in time because once one process delays it affects the entire process. He stated that when it comes to time compliance he will make sure that duties are completed on time. Secondly is the accuracy of reports such that a report which is required will be presented at the right time without much delay at all. In the banking sector they had audit issues and he believes that in the County there shall be audit issues that are also covered within the PFM. If any audit issues are raised, they will be addressed quickly by the directors concerned and also in time. The other way is to make sure that Public participation both with the members of public and staff is done regularly basis, and finally involving the County assembly so as to encourage ownership and continuous consultations. c. How will the nominee handle the challenge of having more staff him under in the finance department unlike the banking sector He stated that he appreciated that he had a few staff who were less than sixty, however all organizations or institutions have similar organizational structures. In his docket he would make sure that he brings aboard people who are responsible and implement Structures as stipulated in the books of law. He would also ensure that he puts into place clear responsibility paths. 2. EDUCATION/TRAINING a. The nominee having a background in economics and statistics and HRM while much of his work is in Finance and accounting how will he bridge the gap in his new assignment if approved. He stated that even if there seems to be disconnect, he sees it as a positive challenge. To give an example, the managing Director of NIC bank Mr. Macharia became the Minister of Health and later he became the Minister of Public Works without a background in Health and yet he performed. He stated that he will appreciate the people working in his department who have speciality in various fields, and that he will not be a master of all trades. He said that his advantage is that although his area 9

10 of speciality is economy and statistics, he has an interest in finance. Shortly he will be graduating with masters in finance by June 2018 and that will help bridge the gap. He stated that economics and finance are inter-related. He also stated that he would make sure that staff are trained. b. In 2006 the Nominee made a publication on impact of organizational culture to growth of equity bank. What were your findings and how applicable will it be at the county government of Laikipia He informed the committee that his study was on how organizational culture had any impact in growth of Equity bank and that it took around six months. He went around questioning staff and what he later realized is that what made Equity Bank grow was not really the money it was the culture of staff that imparted to the public. A culture of responsibility, integrity and going the extra mile and a culture of working extra hours just to make sure that what you believe in has been attained. He stated that changing a culture as he found out from the study it takes time and a lot of participation especially with the key stakeholders. What he would do as the first thing in the office is to try and get the directors to adopt the culture of responsibility and ownership. He said that major institutions in the world are propelled by adopting the right culture. He stated that if given the opportunity to serve in the county he would proudly look back at his positive achievements. c. The Approach the nominee will apply to improve the economy of Laikipia County utilizing his background in economics He stated that economics is very wide and specifically when it comes to county development, he had an opportunity to go around and listen to people give views when (CIDP) County integrated Development Plans was being develop, which caters to peoples priorities and needs. The nominee realized that they were putting the donkey before the cart and in economics that one cannot work. For example how can coolants be procured before checking the milk capacity in an area. A market cannot be constructed before analysing the farming capacity of an area whether installing milk coolers or building markets water must be put into consideration first. To get quality produce water is required so priorities must be checked, otherwise other counties will invade our markets and the locals will not benefit. Value addition should be initiated as it is very sad that that Laikipia North is buying hides while we have excess hides. He stated that economics dictates that value addition is taken into consideration. Laikipia North small industries should able to sell leather shoes to up to Ksh 5000 per pair which will improve initiatives and they can be put into law which will increase the revenue of the County. 3. INTEREST AND KNOWLEDGE RELATING TO THE POSITION 10

11 a. How fast and using which approach will the nominee acquaint himself in the public sector financial management He stated that he would use various approaches like consulting people who are in charge and have been in the county system, another way is going through the Acts that relate to finance and finally he would sponsor himself to attend workshop or seminar that relates to his job description. b. Roles of the CEC finance and how is it linked to that of the chief officer He stated that the CECM Finance executes the legislation that is set by the members of county assembly as well as drafting relevant policies for the department. He said that he will be accountable to the county treasury office making sure that compliance is met, second is Human Resource management making sure that the staff who are under him are performing their duties and are well motivated. He will do this in collaboration with the Chief Officers and directors. He stated that his role is to advise the County Assembly on financial matters, not forgetting that he has delegated authority from the head of Executive who is the Governor and the Deputy Governor among other responsibilities. 4. DECISION MAKING/ PROBLEM SOLVING a. The nominees plan to improve locally collected revenue He stated that the county has a Finance Bill which articulates specific revenue sources and taxes to be charged and that unfortunately counties introduce extra charges yet they don t seal the leakages caused by ineffective collection. The Finance Bill should be communicated well to the people so that there is goodwill which will cause them to pay willingly. The citizens must be made aware that if they pay their taxes it equals to better services and development it s a win win situation for the government and the citizens. b. how will the nominee assist in the budget making process bearing in mind that the resources allocated in Laikipia is very limited. He stated that budget process of the county starts with the people through the CIDP which states the development priorities next are the annual development plans which highlights the requests of the county departments, after which the fiscal strategy paper is prepared which is presented to the assembly for discussions. Finally the Budget estimates are prepared and presented to the County assembly for adoption. The whole process starts with the citizens and ends with them. He would also seek for donor funding to supplement the limited funds. In short the department is all about expanding the revenue base, reducing cost and making sure as much as possible is left development purposes 11

12 c. how will the nominee through donor funding bridge the gap in revenue of laikipia county He informed the committee that he would do his best to seek for donor funding which is not new to him since he solicited for funds for a bridge in Umande between Nginyii and Mugumo. He also wrote a proposal for funding on micro financing which he presented to the former Government but Unfortunately there was some disconnect and the project did not kick start. He also stated that he was able to acquire through Phillips Company five computers for a community cyber in Ngobit. d. What would the nominee do in the event that the governor directs him to authorize irregular payments. He stated that he would confine with the Speaker so as to come up with a solution of the way forward and that he would advise the Governor against it and explain the legal consequences of the act, and if he insisted he would take the matter to the next level. 4.0 COMMITTEE OBSERVATIONS The Committee having considered the nominee s Curriculum Vitae and heard her oral submission during the vetting exercise/interview, made the following observations:- i. He had satisfied the requirements of Chapter 6 of the Constitution of Kenya on ii. iii. iv. leadership and integrity. He had been cleared by the Criminal Investigation Department (CID), Ethics and Anti-Corruption Commission (EACC), Kenya Revenue Authority on tax compliance, Higher Education Loans Board (HELB) and the Credit Reference Bureau. He has never been charged in a Court of Law and had no evidence of conflict of interest. He is a holder of a Bachelor s degree in Arts at day star University. v. He is a professional member of Kenya Institute of Management and Kenya Chamber of commerce and Industry 12

13 vi. The nominee exhibited impressive knowledge of topical issues touching on Finance, planning and county development had the requisite abilities, qualifications and experience. 5.0 COMMITTEE S RECOMMENDATION Pursuant to Article 179(2) (b) of the Constitution, Section 9 of the Public Appointments (County Assemblies Approval) Act, 2017 and Standing Order No. 184 (4), the Committee recommends that, this House approves the nomination of Boniface Murungi Ndai for appointment by H.E. the Governor as County Executive Committee Member for Finance, Planning and County Development. ADOPTION OF THE REPORT OF THE APPOINTMENT COMMITTEE ON THE VETTING OF MR. BONIFACE MURUNGI NDAI, NOMINEE FOR APPOINTMENT AS THE COUNTY EXECUTIVE COMMITTE FOR FINANCE, PLANNING AND COUNTY DEVELOPMENT DATE.TIME. We, the members of the committee on Appointment have, pursuant to standing Order 184 adopted this report and hereby affix our signatures to affirm our approval and confirm its accuracy, validity and authenticity. NAME SIGNATURE 1. HON. PATRICK WAIGWA 2. HON. PETER THOMI 3. HON JUDY LUKIO 4. HON PATRICIA MUTHONI 5. HON. JACOB ENDOM 6. HON. JOSEPH SUGE 13